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TMI Blog2014 (7) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ably high pitched, the demand should be stayed during the pendency of the appeal – the assessee shall deposit a sum of Rs.7 lacs towards the demand – Partial stay granted. - Writ Tax No. - 401 of 2014 - - - Dated:- 19-6-2014 - Hon'ble Manoj Kumar Gupta,JJ. For the Petitioner : Rahul Agarwal For the Respondent : C.S.C., IT ORDER 1. Heard learned counsel for the petitioner and Sri R. K. Upadhya, learned counsel appearing on behalf of respondents. With their consent, this writ petition is being disposed of without calling for a counter affidavit. 2. By means of this writ petition, the petitioner-assessee has prayed for quashing of the order dated 29/5/2014 passed by the Commissioner of Income Tax (Appeals)- II, Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d thereafter on direction of the Assessing Officer to produce the agriculturists, the petitioner had produced 26 out of 33 agriculturists and their statements were also recorded. The appellate authority being of the opinion that as regards transactions for which the agriculturists have been produced before the assessing officer, the petitioner is entitled for a complete stay but for the remaining amount of Rs.43,19,210/-, there is no proper evidence and therefore, the petitioner has been directed to deposit the proportionate tax on the said amount assessed to Rs.14 lacs approximately. 5. Learned counsel for the petitioner submitted that the petitioner had filed affidavits of the agriculturists and had specifically disclosed the reasons o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been placed thereon, resulting in manifest error of law. 6. On the other hand, Sri R. K. Upadhya, learned counsel appearing on behalf of the respondents submitted that the petitioner is only interested in delaying the matter and has produced before this Court a letter by the counsel of the petitioner, filed before the appellate authority, in which prayer has been made for adjourning the hearing of the appeal to some date in the month of July, 2014. He submits that the only intention of the petitioner is to linger the proceedings before the appellate authority and therefore, the petitioner is not entitled to any indulgence from this Court. 7. I have considered the submissions made by learned counsel for the parties and perused the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isfaction of the Assessing Officer, within the same period. (b) In case, petitioner complies with the aforesaid direction, the impugned order will stand modified, accordingly. The petitioner will, thereafter, not be treated as the assessee in default. (c) The counsel for the petitioner had given undertaking that the petitioner will not seek any unnecessary adjournment before the appellate authority and will cooperate in the disposal of the appeal. In view of the said undertaking, and as suggested by Sri R.K. Upadhya, learned counsel for the respondents, it is hereby directed that the appellate authority shall make all efforts to decide the appeal expeditiously, preferably within a period of two months from today. (d) Observation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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